Texas 2017 - 85th Regular

Texas Senate Bill SB2276 Compare Versions

OldNewDifferences
1-S.B. No. 2276
1+85R32605 JXC-D
2+ By: Creighton S.B. No. 2276
3+ (Perez)
4+ Substitute the following for S.B. No. 2276: No.
25
36
7+ A BILL TO BE ENTITLED
48 AN ACT
59 relating to the creation of Lakewood Improvement District of Harris
610 County; providing authority to issue bonds; providing authority to
711 impose assessments, fees, or taxes.
812 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
913 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1014 Code, is amended by adding Chapter 3951 to read as follows:
1115 CHAPTER 3951. LAKEWOOD IMPROVEMENT DISTRICT OF HARRIS COUNTY
1216 SUBCHAPTER A. GENERAL PROVISIONS
1317 Sec. 3951.001. DEFINITIONS. In this chapter:
1418 (1) "Board" means the district's board of directors.
1519 (2) "City" means the City of Houston.
1620 (3) "County" means Harris County.
1721 (4) "Director" means a board member.
1822 (5) "District" means the Lakewood Improvement
1923 District of Harris County.
2024 Sec. 3951.002. NATURE OF DISTRICT. The district is a
2125 special district created under Section 59, Article XVI, Texas
2226 Constitution.
2327 Sec. 3951.003. PURPOSE; DECLARATION OF INTENT. (a) The
2428 creation of the district is essential to accomplish the purposes of
2529 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2630 Texas Constitution, and other public purposes stated in this
2731 chapter. By creating the district and in authorizing the city, the
2832 county, and other political subdivisions to contract with the
2933 district, the legislature has established a program to accomplish
3034 the public purposes set out in Section 52-a, Article III, Texas
3135 Constitution.
3236 (b) The creation of the district is necessary to promote,
3337 develop, encourage, and maintain employment, commerce,
3438 transportation, housing, tourism, recreation, the arts,
3539 entertainment, economic development, safety, and the public
3640 welfare in the district, and to accomplish the redevelopment of
3741 land in the district.
3842 (c) This chapter and the creation of the district may not be
3943 interpreted to relieve the city or the county from providing the
4044 level of services provided as of the effective date of the Act
4145 enacting this chapter to the area in the district. The district is
4246 created to supplement and not to supplant city or county services
4347 provided in the district.
4448 Sec. 3951.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4549 (a) The district is created to serve a public use and benefit.
4650 (b) All land and other property included in the district
4751 will benefit from the improvements and services to be provided by
4852 the district under powers conferred by Sections 52 and 52-a,
4953 Article III, and Section 59, Article XVI, Texas Constitution, and
5054 other powers granted under this chapter.
5155 (c) The creation of the district is in the public interest
5256 and is essential to further the public purposes of:
5357 (1) developing and diversifying the economy of the
5458 state;
5559 (2) eliminating unemployment and underemployment; and
5660 (3) developing or expanding transportation and
5761 commerce.
5862 (d) The district will:
5963 (1) promote the health, safety, and general welfare of
6064 residents, employers, potential employees, employees, visitors,
6165 and consumers in the district, and of the public;
6266 (2) provide needed funding for the district to
6367 preserve, maintain, and enhance the economic health and vitality of
6468 the district territory as a community and business center;
6569 (3) promote the health, safety, welfare, and enjoyment
6670 of the public by providing pedestrian ways, parking facilities, and
6771 conduit facilities and by landscaping and developing certain areas
6872 in the district, which are necessary for the restoration,
6973 preservation, and enhancement of scenic beauty; and
7074 (4) provide for road, bridge, and recreational
7175 facilities for the district.
7276 (e) Pedestrian ways along or across a street, whether at
7377 grade or above or below the surface, and street lighting, street
7478 landscaping, parking, and street art objects are parts of and
7579 necessary components of a street or road and are considered to be a
7680 street or road improvement.
7781 (f) The district will not act as the agent or
7882 instrumentality of any private interest even though the district
7983 will benefit many private interests as well as the public.
8084 Sec. 3951.005. INITIAL DISTRICT TERRITORY. (a) The
8185 district is initially composed of the territory described by
8286 Section 2 of the Act enacting this chapter.
8387 (b) The boundaries and field notes contained in Section 2 of
8488 the Act enacting this chapter form a closure. A mistake in the
8589 field notes or in copying the field notes in the legislative process
8690 does not affect the district's:
8791 (1) organization, existence, or validity;
8892 (2) right to issue any type of bonds for the purposes
8993 for which the district is created or to pay the principal of and
9094 interest on bonds;
9195 (3) right to impose or collect an assessment or tax; or
9296 (4) legality or operation.
9397 Sec. 3951.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9498 All or any part of the area of the district is eligible to be
9599 included in:
96100 (1) a tax increment reinvestment zone created under
97101 Chapter 311, Tax Code;
98102 (2) a tax abatement reinvestment zone created under
99103 Chapter 312, Tax Code;
100104 (3) an enterprise zone created under Chapter 2303,
101105 Government Code; or
102106 (4) an industrial district created under Chapter 42,
103107 Local Government Code.
104108 Sec. 3951.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
105109 DISTRICTS LAW. Except as otherwise provided by this chapter,
106110 Chapter 375, Local Government Code, applies to the district.
107111 Sec. 3951.008. CONSTRUCTION OF CHAPTER. This chapter shall
108112 be liberally construed in conformity with the findings and purposes
109113 stated in this chapter.
110114 SUBCHAPTER B. BOARD OF DIRECTORS
111115 Sec. 3951.051. GOVERNING BODY; TERMS. (a) The district is
112116 governed by a board of five voting directors who serve staggered
113117 terms of four years, with two or three directors' terms expiring
114118 June 1 of each odd-numbered year.
115119 (b) The board by resolution may change the number of voting
116120 directors on the board if the board determines that the change is in
117121 the best interest of the district. The board may not consist of
118122 fewer than five or more than nine voting directors.
119123 Sec. 3951.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
120124 Commission on Environmental Quality shall appoint voting directors
121125 from persons recommended by the board.
122126 Sec. 3951.053. NONVOTING DIRECTORS. The board may appoint
123127 nonvoting directors to serve at the pleasure of the voting
124128 directors.
125129 Sec. 3951.054. QUORUM. For purposes of determining the
126130 requirements for a quorum of the board, the following are not
127131 counted:
128132 (1) a board position vacant for any reason, including
129133 death, resignation, or disqualification;
130134 (2) a director who is abstaining from participation in
131135 a vote because of a conflict of interest; or
132136 (3) a nonvoting director.
133137 Sec. 3951.055. COMPENSATION. A director is entitled to
134138 receive fees of office and reimbursement for actual expenses as
135139 provided by Section 49.060, Water Code. Sections 375.069 and
136140 375.070, Local Government Code, do not apply to the board.
137141 Sec. 3951.056. INITIAL VOTING DIRECTORS. (a) The initial
138142 board consists of:
139143 Pos. No. Name of Director: Pos. No. Name of Director:
140144 Pos. No. Name of Director:
141145 1 ____________________ 1 ____________________
142146 1 ____________________
143147 2 ____________________ 2 ____________________
144148 2 ____________________
145149 3 ____________________ 3 ____________________
146150 3 ____________________
147151 4 ____________________ 4 ____________________
148152 4 ____________________
149153 5 ____________________ 5 ____________________
150154 5 ____________________
151155 (b) Of the initial directors, the terms of directors
152156 appointed for positions one through three expire June 1, 2019, and
153157 the terms of directors appointed for positions four and five expire
154158 June 1, 2021.
155159 (c) Section 3951.052 does not apply to this section.
156160 (d) This section expires September 1, 2021.
157161 SUBCHAPTER C. POWERS AND DUTIES
158162 Sec. 3951.101. GENERAL POWERS AND DUTIES. The district has
159163 the powers and duties necessary to accomplish the purposes for
160164 which the district is created.
161165 Sec. 3951.102. IMPROVEMENT PROJECTS AND SERVICES. The
162166 district may provide, design, construct, acquire, improve,
163167 relocate, operate, maintain, or finance an improvement project or
164168 service using any money available to the district, or contract with
165169 a governmental or private entity to provide, design, construct,
166170 acquire, improve, relocate, operate, maintain, or finance an
167171 improvement project or service authorized under this chapter or
168172 Chapter 375, Local Government Code.
169173 Sec. 3951.103. DEVELOPMENT CORPORATION POWERS. The
170174 district, using money available to the district, may exercise the
171175 powers given to a development corporation under Chapter 505, Local
172176 Government Code, including the power to own, operate, acquire,
173177 construct, lease, improve, or maintain a project under that
174178 chapter.
175179 Sec. 3951.104. NONPROFIT CORPORATION. (a) The board by
176180 resolution may authorize the creation of a nonprofit corporation to
177181 assist and act for the district in implementing a project or
178182 providing a service authorized by this chapter.
179183 (b) The nonprofit corporation:
180184 (1) has each power of and is considered to be a local
181185 government corporation created under Subchapter D, Chapter 431,
182186 Transportation Code; and
183187 (2) may implement any project and provide any service
184188 authorized by this chapter.
185189 (c) The board shall appoint the board of directors of the
186190 nonprofit corporation. The board of directors of the nonprofit
187191 corporation shall serve in the same manner as the board of directors
188192 of a local government corporation created under Subchapter D,
189193 Chapter 431, Transportation Code, except that a board member is not
190194 required to reside in the district.
191195 Sec. 3951.105. AGREEMENTS; GRANTS. (a) As provided by
192196 Chapter 375, Local Government Code, the district may make an
193197 agreement with or accept a gift, grant, or loan from any person.
194198 (b) The implementation of a project is a governmental
195199 function or service for the purposes of Chapter 791, Government
196200 Code.
197201 Sec. 3951.106. LAW ENFORCEMENT SERVICES. To protect the
198202 public interest, the district may contract with a qualified party,
199203 including the county or the city, to provide law enforcement
200204 services in the district for a fee.
201205 Sec. 3951.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
202206 district may join and pay dues to a charitable or nonprofit
203207 organization that performs a service or provides an activity
204208 consistent with the furtherance of a district purpose.
205209 Sec. 3951.108. ECONOMIC DEVELOPMENT. (a) The district may
206210 engage in activities that accomplish the economic development
207211 purposes of the district.
208212 (b) The district may establish and provide for the
209213 administration of one or more programs to promote state or local
210214 economic development and to stimulate business and commercial
211215 activity in the district, including programs to:
212216 (1) make loans and grants of public money; and
213217 (2) provide district personnel and services.
214218 (c) The district may create economic development programs
215219 and exercise the economic development powers provided to
216220 municipalities by:
217221 (1) Chapter 380, Local Government Code; and
218222 (2) Subchapter A, Chapter 1509, Government Code.
219223 Sec. 3951.109. PARKING FACILITIES. (a) The district may
220224 acquire, lease as lessor or lessee, construct, develop, own,
221225 operate, and maintain parking facilities or a system of parking
222226 facilities, including lots, garages, parking terminals, or other
223227 structures or accommodations for parking motor vehicles off the
224228 streets and related appurtenances.
225229 (b) The district's parking facilities serve the public
226230 purposes of the district and are owned, used, and held for a public
227231 purpose even if leased or operated by a private entity for a term of
228232 years.
229233 (c) The district's parking facilities are parts of and
230234 necessary components of a street and are considered to be a street
231235 or road improvement.
232236 (d) The development and operation of the district's parking
233237 facilities may be considered an economic development program.
234238 Sec. 3951.110. ANNEXATION AND EXCLUSION OF LAND. (a) The
235239 district may annex land as provided by Subchapter J, Chapter 49,
236240 Water Code.
237241 (b) The district may exclude land as provided by Subchapter
238242 J, Chapter 49, Water Code. Section 375.044(b), Local Government
239243 Code, does not apply to the district.
240244 Sec. 3951.111. NAVIGATION DISTRICT POWERS. (a) The
241245 district has the powers provided by the general law of this state
242246 applicable to navigation districts created under Section 59,
243247 Article XVI, Texas Constitution, including Chapters 60 and 62,
244248 Water Code.
245249 (b) The district may purchase, construct, acquire, own,
246250 operate, maintain, improve, or extend, inside and outside the
247251 district, a canal, waterway, bulkhead, dock, or other improvement
248252 or facility necessary or convenient to accomplish the navigation
249253 purposes of the district.
250254 Sec. 3951.112. ROAD DISTRICT POWERS. The district has the
251255 powers provided by the general laws relating to road districts and
252256 road utility districts created under Section 52(b), Article III,
253257 Texas Constitution, including Chapters 257 and 441, Transportation
254258 Code.
255259 Sec. 3951.113. ROAD STANDARDS AND REQUIREMENTS. (a) A
256260 road project must meet all applicable construction standards,
257261 zoning and subdivision requirements, and regulations of each
258262 municipality in whose corporate limits or extraterritorial
259263 jurisdiction the road project is located.
260264 (b) If a road project is not located in the corporate limits
261265 or extraterritorial jurisdiction of a municipality, the road
262266 project must meet all applicable construction standards,
263267 subdivision requirements, and regulations of each county in which
264268 the road project is located.
265269 (c) If the state will maintain and operate the road, the
266270 Texas Transportation Commission must approve the plans and
267271 specifications of the road project.
268272 Sec. 3951.114. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
269273 ASSESSMENTS AND FEES. The district may not impose an assessment,
270274 impact fee, or standby fee on the property, including the
271275 equipment, rights-of-way, easements, facilities, or improvements,
272276 of:
273277 (1) an electric utility or a power generation company
274278 as defined by Section 31.002, Utilities Code;
275279 (2) a gas utility, as defined by Section 101.003 or
276280 121.001, Utilities Code, or a person who owns pipelines used for the
277281 transportation or sale of oil or gas or a product or constituent of
278282 oil or gas;
279283 (3) a person who owns pipelines used for the
280284 transportation or sale of carbon dioxide;
281285 (4) a telecommunications provider as defined by
282286 Section 51.002, Utilities Code; or
283287 (5) a cable service provider or video service provider
284288 as defined by Section 66.002, Utilities Code.
285289 Sec. 3951.115. USE OF ELECTRICAL OR OPTICAL LINES.
286290 (a) The district may impose an assessment to pay the cost of:
287291 (1) burying or removing electrical power lines,
288292 telephone lines, cable or fiber-optic lines, or any other type of
289293 electrical or optical line; and
290294 (2) removing poles and any elevated lines using the
291295 poles.
292296 (b) The district may finance, acquire, construct, improve,
293297 operate, maintain, or charge fees for the use of the district
294298 conduits for another person's:
295299 (1) telecommunications network; or
296300 (2) fiber-optic cable.
297301 (c) Consistent with Title 2, Utilities Code, the district
298302 may finance, construct, or maintain conduits for:
299303 (1) electronic transmission and distribution lines
300304 and supporting facilities; or
301305 (2) other types of transmission and distribution lines
302306 and supporting facilities.
303307 (d) The district may not require a person to use a district
304308 conduit.
305309 Sec. 3951.116. NO EMINENT DOMAIN POWER. The district may
306310 not exercise the power of eminent domain.
307311 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
308312 Sec. 3951.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
309313 board by resolution shall establish the number of directors'
310314 signatures and the procedure required for a disbursement or
311315 transfer of district money.
312316 Sec. 3951.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
313317 The district may acquire, construct, finance, operate, or maintain
314318 any improvement or service authorized under this chapter or Chapter
315319 375, Local Government Code, using any money available to the
316320 district.
317321 Sec. 3951.153. PETITION REQUIRED FOR FINANCING SERVICES AND
318322 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
319323 service or improvement project with assessments under this chapter
320324 unless a written petition requesting that service or improvement
321325 has been filed with the board.
322326 (b) A petition filed under Subsection (a) must be signed by
323327 the owners of a majority of the assessed value of real property in
324328 the district subject to assessment according to the most recent
325329 certified tax appraisal roll for the county.
326330 Sec. 3951.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
327331 (a) The board by resolution may impose and collect an assessment
328332 for any purpose authorized by this chapter in all or any part of the
329333 district.
330334 (b) An assessment, a reassessment, or an assessment
331335 resulting from an addition to or correction of the assessment roll
332336 by the district, penalties and interest on an assessment or
333337 reassessment, an expense of collection, and reasonable attorney's
334338 fees incurred by the district:
335339 (1) are a first and prior lien against the property
336340 assessed;
337341 (2) are superior to any other lien or claim other than
338342 a lien or claim for county, school district, or municipal ad valorem
339343 taxes; and
340344 (3) are the personal liability of and a charge against
341345 the owners of the property even if the owners are not named in the
342346 assessment proceedings.
343347 (c) The lien is effective from the date of the board's
344348 resolution imposing the assessment until the date the assessment is
345349 paid. The board may enforce the lien in the same manner that the
346350 board may enforce an ad valorem tax lien against real property.
347351 (d) The board may make a correction to or deletion from the
348352 assessment roll that does not increase the amount of assessment of
349353 any parcel of land without providing notice and holding a hearing in
350354 the manner required for additional assessments.
351355 Sec. 3951.155. TAX AND ASSESSMENT ABATEMENTS. The district
352356 may designate reinvestment zones and may grant abatements of a tax
353357 or assessment on property in the zones.
354358 Sec. 3951.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section
355359 375.161, Local Government Code, does not apply to the district.
356360 Sec. 3951.157. COMPETITIVE BIDDING. Subchapter I, Chapter
357361 49, Water Code, applies to the district. Sections 375.221 and
358362 375.223, Local Government Code, do not apply to the district.
359363 SUBCHAPTER E. TAXES AND BONDS
360364 Sec. 3951.201. ELECTIONS REGARDING TAXES AND BONDS.
361365 (a) The district may issue, without an election, bonds, notes, and
362366 other obligations secured by:
363367 (1) revenue other than ad valorem taxes; or
364368 (2) contract payments described by Section 3951.203.
365369 (b) The district must hold an election in the manner
366370 provided by Subchapter L, Chapter 375, Local Government Code, to
367371 obtain voter approval before the district may impose an ad valorem
368372 tax or issue bonds payable from ad valorem taxes.
369373 (c) Section 375.243, Local Government Code, does not apply
370374 to the district.
371375 (d) All or any part of any facilities or improvements that
372376 may be acquired by a district by the issuance of its bonds may be
373377 submitted as a single proposition or as several propositions to be
374378 voted on at the election.
375379 Sec. 3951.202. OPERATION AND MAINTENANCE TAX. (a) If
376380 authorized by a majority of the district voters voting at an
377381 election held in accordance with Section 3951.201, the district may
378382 impose an operation and maintenance tax on taxable property in the
379383 district in accordance with Section 49.107, Water Code, for any
380384 district purpose, including to:
381385 (1) maintain and operate the district;
382386 (2) construct or acquire improvements; or
383387 (3) provide a service.
384388 (b) The board shall determine the tax rate. The rate may not
385389 exceed the rate approved at the election.
386390 (c) Section 49.107(h), Water Code, does not apply to the
387391 district.
388392 Sec. 3951.203. CONTRACT TAXES. (a) In accordance with
389393 Section 49.108, Water Code, the district may impose a tax other than
390394 an operation and maintenance tax and use the revenue derived from
391395 the tax to make payments under a contract after the provisions of
392396 the contract have been approved by a majority of the district voters
393397 voting at an election held for that purpose.
394398 (b) A contract approved by the district voters may contain a
395399 provision stating that the contract may be modified or amended by
396400 the board without further voter approval.
397401 Sec. 3951.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
398402 AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
399403 determined by the board. Section 375.205, Local Government Code,
400404 does not apply to a loan, line of credit, or other borrowing from a
401405 bank or financial institution secured by revenue other than ad
402406 valorem taxes.
403407 (b) The district may issue bonds, notes, or other
404408 obligations payable wholly or partly from ad valorem taxes,
405409 assessments, impact fees, revenue, contract payments, grants, or
406410 other district money, or any combination of those sources of money,
407411 to pay for any authorized district purpose.
408412 (c) The limitation on the outstanding principal amount of
409413 bonds, notes, and other obligations provided by Section 49.4645,
410414 Water Code, does not apply to the district.
411415 Sec. 3951.205. TAXES FOR BONDS. At the time the district
412416 issues bonds payable wholly or partly from ad valorem taxes, the
413417 board shall provide for the annual imposition of a continuing
414418 direct annual ad valorem tax, without limit as to rate or amount,
415419 for each year that all or part of the bonds are outstanding as
416420 required and in the manner provided by Sections 54.601 and 54.602,
417421 Water Code.
418422 Sec. 3951.206. BONDS FOR ROAD PROJECTS. At the time of
419423 issuance, the total principal amount of bonds or other obligations
420424 issued or incurred to finance road projects and payable from ad
421425 valorem taxes may not exceed one-fourth of the assessed value of the
422426 real property in the district.
423427 SUBCHAPTER F. SALES AND USE TAX
424428 Sec. 3951.251. MEANINGS OF WORDS AND PHRASES. A word or
425429 phrase used in this subchapter that is defined by Chapter 151 or
426430 321, Tax Code, has the meaning assigned by Chapter 151 or 321, Tax
427431 Code.
428432 Sec. 3951.252. APPLICABILITY OF CERTAIN TAX CODE
429433 PROVISIONS. (a) The provisions of Subchapters C, D, E, and F,
430434 Chapter 323, Tax Code, relating to county sales and use taxes apply
431435 to the application, collection, and administration of a sales and
432436 use tax imposed under this subchapter to the extent consistent with
433437 this chapter, as if references in Chapter 323, Tax Code, to a county
434438 referred to the district and references to a commissioners court
435439 referred to the board.
436440 (b) Sections 323.401-323.404 and 323.505, Tax Code, do not
437441 apply to a tax imposed under this subchapter.
438442 Sec. 3951.253. AUTHORIZATION; ELECTION. (a) The district
439443 shall adopt, reduce, or repeal the sales and use tax authorized by
440444 this subchapter at an election in which a majority of the voters of
441445 the district voting in the election approve the adoption,
442446 reduction, or repeal of the tax, as applicable.
443447 (b) The board by order shall call an election to adopt,
444448 reduce, or repeal a sales and use tax. The election shall be held on
445449 the first authorized uniform election date that occurs after the
446450 time required by Section 3.005, Election Code.
447451 (c) The district shall provide notice of the election and
448452 shall hold the election in the manner prescribed by Chapter 54,
449453 Water Code, for bond elections for municipal utility districts.
450454 (d) The ballots shall be printed to provide for voting for
451455 or against the following appropriate proposition:
452456 (1) "Adoption of a ___ percent district sales and use
453457 tax in the district";
454458 (2) "Reduction of the district sales and use tax in the
455459 district from ___ percent to ___ percent"; or
456460 (3) "Repeal of the district sales and use tax in the
457461 district."
458462 Sec. 3951.254. EFFECTIVE DATE OF TAX. A tax imposed under
459463 this subchapter or the repeal or reduction of a tax under this
460464 subchapter takes effect on the first day of the first calendar
461465 quarter that occurs after the date the comptroller receives the
462466 copy of the resolution as required by Section 323.405(b), Tax Code.
463467 Sec. 3951.255. SALES AND USE TAX RATE. (a) On adoption of
464468 the tax authorized by this subchapter, there is imposed a tax of two
465469 percent, or the maximum rate at which the combined tax rate of all
466470 local sales and use taxes in any location in the district does not
467471 exceed two percent, on the receipts from the sale at retail of
468472 taxable items in the district, and an excise tax on the use,
469473 storage, or other consumption in the district of taxable items
470474 purchased, leased, or rented from a retailer during the period that
471475 the tax is in effect.
472476 (b) The rate of the excise tax is the same as the rate of the
473477 sales tax portion of the tax and is applied to the sales price of the
474478 taxable item.
475479 Sec. 3951.256. EXAMINATION AND RECEIPT OF INFORMATION. The
476480 district may examine and receive information related to the
477481 imposition of a sales and use tax to the same extent as if the
478482 district were a municipality.
479483 Sec. 3951.257. ALTERNATIVE METHOD OF IMPOSITION.
480484 Notwithstanding any other provision of this subchapter, the
481485 district may impose the sales and use tax as provided by Subchapter
482486 F, Chapter 383, Local Government Code, instead of as provided by the
483487 other provisions of this subchapter.
484488 SUBCHAPTER G. DEFINED AREAS
485489 Sec. 3951.301. AUTHORITY TO ESTABLISH DEFINED AREAS OR
486490 DESIGNATED PROPERTY. The district may define areas or designate
487491 certain property of the district to pay for improvements,
488492 facilities, or services that primarily benefit that area or
489493 property and do not generally and directly benefit the district as a
490494 whole.
491495 Sec. 3951.302. PROCEDURE FOR ELECTION. (a) Before the
492496 district may impose an ad valorem tax or issue bonds payable from ad
493497 valorem taxes of the defined area or designated property, the board
494498 shall hold an election in the defined area or in the designated
495499 property only.
496500 (b) The board may submit the issues to the voters on the same
497501 ballot to be used in another election.
498502 Sec. 3951.303. DECLARING RESULT AND ISSUING ORDER. If a
499503 majority of the voters voting at the election approve the
500504 proposition or propositions, the board shall declare the results
501505 and, by order, shall establish the defined area and describe it by
502506 metes and bounds or designate the specific property.
503507 Sec. 3951.304. TAXES FOR SERVICES, IMPROVEMENTS, AND
504508 FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
505509 approval and adoption of the order described by Section 3951.303,
506510 the district may apply separately, differently, equitably, and
507511 specifically its taxing power and lien authority to the defined
508512 area or designated property to provide money to construct,
509513 administer, maintain, and operate services, improvements, and
510514 facilities that primarily benefit the defined area or designated
511515 property.
512516 Sec. 3951.305. ISSUANCE OF BONDS FOR DEFINED AREA OR
513517 DESIGNATED PROPERTY. After the order under Section 3951.303 is
514518 adopted, the district may issue bonds to provide for any land,
515519 improvements, facilities, plants, equipment, and appliances for
516520 the defined area or designated property.
517521 SUBCHAPTER H. DISSOLUTION OF DISTRICT
518522 Sec. 3951.351. DISSOLUTION. (a) Except as provided by
519523 Subsection (b), the board:
520524 (1) may dissolve the district; and
521525 (2) shall dissolve the district on receipt of a
522526 written petition requesting dissolution signed by the owners of 75
523527 percent of the acreage of real property in the district.
524528 (b) The board may not dissolve the district until the
525529 district's outstanding indebtedness or contractual obligations
526530 have been repaid or discharged.
527531 (c) After the board dissolves the district, the board shall
528532 transfer ownership of all district property and assets to the
529533 county.
530534 SECTION 2. The Lakewood Improvement District of Harris
531535 County initially includes all the territory contained in the
532536 following area:
533537 All bearings, distance and acreages are grid and are
534538 referenced to the State Plane Coordinate System, Texas South
535539 Central Zone, NAD83, U. S. survey feet. Mapping angle is +01°54'04"
536540 and the scale factor is 0.999915022.
537541 TRACT I
538542 BEGINNING at an iron rod with cap marked `CENTERPOINT ENERGY' found
539543 at the northeast corner of a called 102.152 acre tract recorded in
540544 Document No. C683627, Deed Records of Harris County, Texas and in
541545 the west line of the T.& N.O. Rail Road right of way (variable
542546 width). Said iron rod has a State Plane coordinate value of N:
543547 13895997.02 and E: 3210310.99.
544548 THENCE S 47° 04'28" W with the west line of said Rail Road right of
545549 way a distance of 926.77 feet to a point for corner.
546550 THENCE continuing with the west line of said Rail Road right of way
547551 with the arc of a curve to the left having a chord direction of S 35°
548552 23' 19 W, and a radius of 2451.30, a distance of 1101.40 feet to a
549553 point for corner.
550554 THENCE S 23° 06' 25" W with the west line of said Rail Road right of
551555 way a distance of 47.01 feet to a 1/2 inch iron rod with cap
552556 marked '5502' set from which a 26" pine marked 'X' bears North 6.5
553557 feet.
554558 THENCE S 88°03'39" W with the north line of a called 304.5696 acre
555559 tract recorded in Document No. 20130230098 a distance of 2407.13
556560 feet to an iron rod found with cap marked 'RPLS 4615'.
557561 THENCE S 87°58'14" W with the north line of the said called 304.5696
558562 acre tract and the south line of the herein described tract a
559563 distance of 4489.98 feet to a 1/2 inch iron pipe found from which a
560564 28" sweet gum marked 'X' bears N58°W 3 feet.
561565 THENCE S 88°10'16" W with the north line of the said 304.5696 acre
562566 tract a distance of 3159.89 feet to the left bank of the San Jacinto
563567 River on the line of mean higher high water.
564568 THENCE up the river with its meanders on the line of mean higher
565569 high water:
566570 N 31°25'35" W 84.67 feet;
567571 N 15°33'56" W 191.85 feet;
568572 N 04°38'06" W 258.15 feet;
569573 N 14°00'39" W 87.13 feet;
570574 N 20°54'29" W 155.32 feet;
571575 N 26°38'13" W 215.05 feet;
572576 N 39°38'48" W 353.07 feet;
573577 N 50°07'18" W 307.76 feet;
574578 N 54°25'26" W a distance of 278.56 feet to a point for corner at the
575579 southwest corner of said called 102.152 acre tract.
576580 THENCE N 88°23'12" E with the south line of the said called 102.152
577581 acre tract and the north line of the herein described tract 9551.32
578582 feet to an iron rod found with blue cap.
579583 THENCE N87°53'38"E with the south line said called 102.152 acre
580584 tract a distance of 2593.16 feet to 1/2 inch iron rod set with cap
581585 marked '5502'.
582586 THENCE S 85°24'11" E with the south line of the said called 102.152
583587 acre tract and the north line of the herein described tract a
584588 distance of 225.32 feet to the PLACE OF BEGINNING, containing
585589 394.12 acres of land.
586590 TRACT II
587591 BEGINNING at a 1" iron pipe found at the most easterly corner of a
588592 called 56.50 acre tract recorded in Volume 1458, Page 1, Deed
589593 Records of Harris County, Texas, in the south line of the San
590594 Jacinto River Authority East Canal right of way, recorded in Volume
591595 1294, Page 256, Deed Records of Harris County, Texas, and at the
592596 most northerly northwest corner of this tract, and having a Texas
593597 State Plane coordinate value of N: 13902035.22 and E: 3197556.06.
594598 THENCE S 58° 23' 02" E with the south line of said San Jacinto River
595599 Authority East Canal right of way, and a north line of this tract, a
596600 distance of 1,097.21 feet to a 1/2 inch iron rod set with cap marked
597601 "SHINE 5502".
598602 THENCE continuing with the south line of said San Jacinto River
599603 Authority East Canal right of way, and a north line of this tract,
600604 with the arc of a curve to the left having a chord direction of S 84°
601605 10' 00" E, a radius of 317.72, a distance of 298.83 feet to a 1/2
602606 inch iron rod set with cap marked "SHINE 5502".
603607 THENCE N 68° 53' 20" E continuing with the south line of said San
604608 Jacinto River Authority East Canal right of way, and a north line of
605609 this tract a distance of 1,833.89 feet to a point.
606610 THENCE N 72° 25' 46" E continuing with the south line of said San
607611 Jacinto River Authority East Canal, and a north line of this tract a
608612 distance of 567.07 feet to a 1/2 inch iron rod with cap marked
609613 "SHINE 5502" set at the northwest corner of a called 2.866 acre
610614 tract recorded in Harris County Clerk's File E018138.
611615 THENCE S 01° 15' 13" E with the west line of said called 2.866 acre
612616 tract a distance of 329.82' to a 1/2 inch iron rod with cap marked
613617 "SHINE 5502" set at the southwest corner of said called 2.866 acre
614618 tract.
615619 THENCE N 88° 44' 57" E with the south line of said called 2.866 acre
616620 tract, a distance of 330.05 feet to a 1/2 inch iron rod with cap
617621 marked "SHINE 5502" set at the southeast corner of said called 2.866
618622 acre tract.
619623 THENCE N 01° 15' 14" W with the east line of said called 2.866 acre
620624 tract a distance of 426.18 feet to a 1/2 inch iron rod with cap
621625 marked "SHINE 5502" set at the northeast corner of said called 2.866
622626 acre tract, in the south line of said San Jacinto River Authority
623627 East Canal right of way.
624628 THENCE N 72° 28' 26" E continuing with the south line of said San
625629 Jacinto River Authority East Canal right of way, and a north line of
626630 this tract a distance of 312.52 feet to a 1/2 inch iron rod with cap
627631 marked "SHINE 5502" set at a northerly corner of this tract and the
628632 northwest corner of Newport Subdivision, Section 4, a subdivision
629633 recorded in Volume 206, Page 145, Map Records of Harris County,
630634 Texas, from which an iron rod found with cap marked "RUSS AND PARK
631635 SURVEYING" bears N 72° 29' 29" E a distance of 167.92 feet.
632636 THENCE S 00° 36' 34" E with a west line of said Newport Subdivision,
633637 Section 4, and a northerly east line of this tract a distance of
634638 1,261.04 feet to a 1/2 inch iron rod found at the most westerly
635639 southwest corner of said Newport Subdivision, Section 4.
636640 THENCE N 89° 29' 03" E with a south line of said Newport Subdivision,
637641 Section 4 and a north line of this tract a distance of 71.96 feet to
638642 a 1/2 inch iron rod found at the most southerly northwest corner of
639643 a called 9.29 acre tract (Called Tract 6), recorded in Harris County
640644 Clerk's File Z432808.
641645 THENCE S 18° 57' 14" W with the west line of said called 9.29 acre
642646 tract, passing the southwest corner of said called 9.29 acre tract
643647 and the northwest corner of a called 4.29 acre tract recorded in
644648 File No. T528516, Deed Records of Harris County, Texas, and
645649 continuing a total distance of 512.10 feet to 1/2 inch iron rod with
646650 cap marked "SHINE 5502" set at the southwest corner of said called
647651 4.29 acre tract.
648652 THENCE S 48° 47' 48" E with the southwest line of said called 4.29
649653 acre tract a distance of 660.77 feet to a 1/2 inch iron rod found at
650654 the southeast corner of said called 4.29 acre tract in the west line
651655 of Newport Subdivision, Section 2, a subdivision recorded in Volume
652656 195, Page 35, Map Records of Harris County, Texas.
653657 THENCE S 04° 57' 10" W with the west line of said Newport
654658 Subdivision, Section 2, a distance of 1,073.79 feet to a 1/2 inch
655659 iron rod with cap marked "SHINE 5502" set in the south right of way
656660 line of Diamondhead Boulevard (100 feet wide right of way) and at an
657661 interior corner of this tract.
658662 THENCE with the south right of way line of said Diamondhead
659663 Boulevard with the arc of a curve to the left having a chord
660664 direction of N 89° 25' 20" E, a radius of 2,049.25, a distance of
661665 560.15 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set
662666 at the northwest corner of a called 175.61 acre tract recorded in
663667 T528516, Deed Records of Harris County, Texas.
664668 THENCE S 01° 23' 48" E with the west line of said called 175.61 acre
665669 tract a distance of 2,298.34 feet to a 60D nail set at the southwest
666670 corner of said called 175.61 acre tract and an interior corner of
667671 this tract.
668672 THENCE N 88° 30' 12" E with the south line of said called 175.61 acre
669673 tract a distance of 2,983.90 feet to a 1/2 inch iron rod with cap
670674 marked "SHINE 5502" set at the southeast corner of said called
671675 175.61 acre tract.
672676 THENCE with the east line of said called 175.61 acre tract with the
673677 arc of a curve to the right having a chord direction of N 15° 16' 49"
674678 E, a radius of 2,100.00 feet, a distance of 366.97 feet to a 1/2 inch
675679 iron rod set with cap marked "SHINE 5502".
676680 THENCE N 20° 17' 11" E continuing with the east line of said called
677681 175.61 acre tract a distance of 509.92 feet to a 1/2 inch iron rod
678682 set with cap marked "SHINE 5502".
679683 THENCE continuing with the east line of said called 175.61 acre
680684 tract with the arc of a curve to the right having a chord direction
681685 of N 26° 19' 31" E, a radius of 2,100.00 feet, a distance of 440.98
682686 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
683687 THENCE N 32° 20' 27" E continuing with the east line of said called
684688 175.61 acre tract a distance of 140.56 feet to a 1/2 inch iron rod
685689 set with cap marked "SHINE 5502".
686690 THENCE continuing with the east line of said called 175.61 acre
687691 tract with the arc of a curve to the left having a chord direction of
688692 N 06° 59' 15" E, a radius of 1,200.04 feet, a distance of 949.49 feet
689693 to a 1/2 inch iron rod with cap marked "SHINE 5502" set at the
690694 northeast corner of said called 175.61 acre tract, in the south
691695 right of way of said Diamondhead Boulevard.
692696 THENCE N 75° 17' 09" E with the south right of way line of said
693697 Diamondhead Boulevard, and a north line of this tract, a distance of
694698 769.43 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
695699 THENCE continuing with the south right of way line of said
696700 Diamondhead Boulevard with the arc of a curve to the right having a
697701 chord direction of N 77° 44' 32" E, a radius of 1,951.36 feet, a
698702 distance of 167.12 feet to a 1/2 inch iron rod with cap marked
699703 "SHINE 5502" set at the northwest corner of Newport Subdivision,
700704 Section 8, a subdivision recorded in Volume 288, Page 21, Map
701705 Records of Harris County, Texas, and a northeast corner of this
702706 tract.
703707 THENCE S 08° 03' 08" W with a west line of said Newport Subdivision,
704708 Section 8, a distance of 515.74 feet to a 1/2 inch iron rod found.
705709 THENCE S 62° 25' 36" E continuing with the west line of said Newport
706710 Subdivision, Section 8, a distance of 177.89 feet to a 1/2 inch iron
707711 rod found.
708712 THENCE S 36° 39' 06" E continuing with the west line of said Newport
709713 Subdivision, Section 8, a distance of 59.96 feet to a 1/2 inch iron
710714 rod found.
711715 THENCE S 58° 36' 12" E continuing with the west line of said Newport
712716 Subdivision, Section 8, a distance of 96.09 feet to a 1/2 inch iron
713717 rod found at a northerly southwest corner of said Newport
714718 Subdivision, Section 8.
715719 THENCE N 88° 23' 50" E with a northerly south line of said Newport
716720 Subdivision, Section 8, a distance of 51.27 feet to a 1/2 inch iron
717721 rod found at the northwest corner of a called 14.1645 acre tract
718722 recorded in File No. S031457, Deed Records of Harris County, Texas.
719723 THENCE S 02° 21' 10" E with the west line of said called 14.1645 acre
720724 tract a distance of 1,333.31 feet to a 1/2 inch iron rod found at the
721725 southwest corner of said called 14.1645 acre tract, from which a 42"
722726 Sycamore bears N 44° E a distance of 36.60 feet, a 12" corner post
723727 with old barbed wire bears N 04° W a distance of 12.50 feet, and the
724728 north bank of Gum Gully bears South, 26.70 feet.
725729 THENCE N 87° 37' 51" E with the south line of said called 14.1645
726730 acre tract, passing the
727731 southeast corner of said called 14.1645 acre tract and the
728732 southwest corner of a called 15.1515 acre tract recorded in File
729733 No. 20070632536, Deed Records of Harris County, Texas, a total
730734 distance of 1, 545.45 feet to a 60D Nail found in fence post at the
731735 southeast corner of said called 15.1515 acre tract.
732736 THENCE N 02° 49' 23" W with the west line of said called 15.1515 acre
733737 tract a distance of 326.36 feet to a 1/2 inch iron rod with cap
734738 marked "SHINE 5502" set at a southwest corner of said Newport
735739 Subdivision, Section 8.
736740 THENCE N 88° 16' 59" E with a south line of said Newport Subdivision,
737741 Section 8, and a north line of this tract a distance of 125.02 feet
738742 to a 1/2 inch iron rod set with cap marked "SHINE 5502".
739743 THENCE S 75° 51' 35" E continuing with a south line of said Newport
740744 Subdivision, Section 8 and a north line of this tract a distance of
741745 83.64 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
742746 THENCE with a west line of said Newport Subdivision, Section 8, and
743747 an east line of this tract with the arc of a curve to the right
744748 having a chord direction of S 10° 15' 26" W, a radius of 250.00 feet,
745749 a distance of 162.32 feet to a 1/2 inch iron rod set with cap marked
746750 "SHINE 5502".
747751 THENCE continuing with a west line of said Newport Subdivision,
748752 Section 8, and an east line of this tract with the arc of a curve to
749753 the left having a chord direction of S 13° 34' 14" W, a radius of
750754 150.00 feet, a distance of 80.05 feet to a 1/2 inch iron rod set with
751755 cap marked "SHINE 5502".
752756 THENCE S 01° 43' 01" E continuing with an east line of said Harris
753757 County Flood Control District drainage easement, a west line of
754758 said Newport Subdivision, Section 8, and an east line of this tract
755759 a distance of 120.00 feet to a 1/2 inch iron rod set with cap marked
756760 "SHINE 5502".
757761 THENCE S 09° 20' 38" W continuing with a west line of said Newport
758762 Subdivision, Section 8, and an east line of this tract a distance of
759763 57.36 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
760764 THENCE S 20° 21' 57" W continuing a west line of said Newport
761765 Subdivision, Section 8, and an east line of this tract a distance of
762766 165.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
763767 THENCE S 20° 24' 23" E continuing with a west line of said Newport
764768 Subdivision, Section 8, and an east line of this tract a distance of
765769 381.48 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
766770 THENCE S 32° 47' 17" E continuing with a west line of said Newport
767771 Subdivision, Section 8, and an east line of this tract a distance of
768772 244.44 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set
769773 at a southwest corner of said Newport Subdivision, Section 8 and an
770774 interior corner of this tract.
771775 THENCE S 81° 16' 59" E with a south line of said Newport Subdivision,
772776 Section 8 and a north line of this tract a distance of 195.69 feet to
773777 a 1/2 inch iron rod set with cap marked "SHINE 5502".
774778 THENCE S 04° 41' 04" W continuing with a south line of said Newport
775779 Subdivision, Section 8 and a north line of this tract a distance of
776780 30.71 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
777781 THENCE S 85° 27' 13" E continuing with a south line of said Newport
778782 Subdivision, Section 8 and a north line of this tract a distance of
779783 27.39 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
780784 THENCE N 04° 01' 49" E continuing with a south line of said Newport
781785 Subdivision, Section 8 and a north line of this tract a distance of
782786 30.29 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
783787 THENCE N 08° 43' 00" E continuing with a south line of said Newport
784788 Subdivision, Section 8 and a north line of this tract a distance of
785789 207.55 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
786790 THENCE S 81° 16' 59" E continuing with a south line of said Newport
787791 Subdivision, Section 8 and a north line of this tract a distance of
788792 100.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
789793 THENCE S 08° 13' 08" W continuing with a south line of said Newport
790794 Subdivision, Section 8 and a north line of this tract a distance of
791795 282.01 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set
792796 at a southerly corner of said Newport Subdivision, Section 8.
793797 THENCE continuing with a south line of said Newport Subdivision,
794798 Section 8, a north line of this tract, with the arc of a curve to the
795799 left having a chord direction of N 60° 58' 25" E, a radius of 400.00
796800 feet, a distance of 195.69 feet to a 1/2 inch iron rod set with cap
797801 marked "SHINE 5502".
798802 THENCE N 46° 57' 29" E continuing with a south line of said Newport
799803 Subdivision, Section 8, and a north line of this tract a distance of
800804 202.17 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
801805 THENCE continuing with a south line of said Newport Subdivision,
802806 Section 8 and a north line of this tract, with the arc of a curve to
803807 the right having a chord direction of N 53° 03' 29" E, a radius of
804808 450.00 feet, a distance of 95.82 feet to a point.
805809 THENCE continuing with a south line of said Newport Subdivision,
806810 Section 8 and a north line of this tract with the arc of a curve to
807811 the left having a chord direction of N 45° 33' 29" E, a radius of
808812 400.00 feet, a distance of 189.89 feet to a point.
809813 THENCE N 31° 57' 29" E continuing with a south line of said Newport
810814 Subdivision, Section 8 and a north line of this tract a distance of
811815 228.06 feet to a point.
812816 THENCE continuing with a south line of said Newport Subdivision,
813817 Section 8 and a north line of this tract, with the arc of a curve to
814818 the right having a chord direction of N 45° 27' 29" E, a radius of
815819 500.00 feet, a distance of 235.62 feet to a 1/2 inch iron rod set
816820 with cap marked "SHINE 5502".
817821 THENCE continuing with a south line of said Newport Subdivision,
818822 Section 8 and a north line of this tract, with the arc of a curve to
819823 the left having a chord direction of N 32° 42' 29" E, a radius of
820824 300.00 feet, a distance of 274.89 feet to a 1/2 inch iron rod set
821825 with cap marked "SHINE 5502".
822826 THENCE continuing with a south line of said Newport Subdivision,
823827 Section 8 and a north line of this tract with the arc of a curve to
824828 the right having a chord direction of N 14° 31' 50" E, a radius of
825829 500.00 feet, a distance of 140.89 feet to a 1/2 inch iron rod set
826830 with cap marked "SHINE 5502".
827831 THENCE N 57° 42' 31" W continuing with a south line of said Newport
828832 Subdivision, Section 8, and a north line of this tract a distance of
829833 92.28 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
830834 THENCE N 32° 17' 29" E continuing with a south line of said Newport
831835 Subdivision, Section 8, and a north line of this tract a distance of
832836 60.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502".
833837 THENCE S 57° 42' 31" E continuing with a south line of said Newport
834838 Subdivision, Section 8, and a north line of this tract a distance of
835839 85.49 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set.
836840 THENCE continuing with a south line of said Newport Subdivision,
837841 Section 8 and a north line of this tract with the arc of a curve to
838842 the right having a chord direction of N 36° 29' 38" E, a radius of
839843 500.00 feet, a distance of 118.64 feet to a 1/2 inch iron rod set
840844 with cap marked "SHINE 5502".
841845 THENCE N 43° 17' 29" E continuing with a south line of said Newport
842846 Subdivision, Section 8 and a north line of this tract a distance of
843847 374.07 feet to a point.
844848 THENCE continuing with a south line of said Newport Subdivision,
845849 Section 8 and a north line of this tract with the arc of a curve to
846850 the right having a chord direction of N 52° 47' 29" E, a radius of
847851 600.00 feet, a distance of 198.97 feet to a 1/2 inch iron rod set
848852 with cap marked "SHINE 5502".
849853 THENCE N 62° 17' 29" E continuing with a south line of said Newport
850854 Subdivision, Section 8 and a north line of this tract a distance of
851855 68.45 feet to a point.
852856 THENCE continuing with a south line of said Newport Subdivision,
853857 Section 8 and a north line of this tract with the arc of a curve to
854858 the left having a chord direction of N 33° 14' 01" E, a radius of
855859 139.25 feet, a distance of 141.24 feet to a 1/2 inch iron rod set
856860 with cap marked "SHINE 5502".
857861 THENCE continuing with a south line of said Newport Subdivision,
858862 Section 8 and a north line of this tract with the arc of a curve to
859863 the left having a chord direction of N 00° 55' 12" E, a radius of
860864 300.00 feet, a distance of 34.09 feet to a 1/2 inch iron rod with cap
861865 marked "SHINE 5502" set at the southerly southeast corner of said
862866 Newport Subdivision, Section 8 and in the west line of The City of
863867 Crosby Town Site, recorded in Volume 7, Page 26, Deed Records of
864868 Harris County, Texas, also being the west line of a tract of land
865869 referenced as "Tract 1" and "Tract 2" recorded in File No. W314743,
866870 Deed Records of Harris County, Texas.
867871 THENCE S 02° 45' 41" E with a west line of said City of Crosby Town
868872 Site, the west line of said called "Tract 1" and "Tract 2", and an
869873 east line of this tract a distance of 229.20 feet to a point in the
870874 centerline of Jackson Bayou.
871875 THENCE with a south line of said City of Crosby Town Site, a south
872876 line of said called "Tract 1" and "Tract 2", a north line of this
873877 tract, along the centerline of said Jackson Bayou the following
874878 bearings and distances:
875879 N 65° 32' 07" E 30.32 feet
876880 N 76° 12' 19" E 10.85 feet
877881 N 19° 33' 49" E 41.24 feet
878882 N 40° 05' 08" W 34.88 feet
879883 N 09° 21' 28" W 46.05 feet
880884 N 26° 11' 16" E 45.20 feet
881885 N 60° 33' 12" E 80.04 feet
882886 N 48° 22' 25" E 110.85 feet
883887 N 50° 01' 28" E 64.58 feet
884888 N 78° 38' 48" E 76.53 feet
885889 N 62° 45' 53" E 42.10 feet
886890 N 26° 13' 09" E 43.70 feet
887891 S 17° 27' 48" E 44.35 feet
888892 THENCE S 04° 37' 07" E continuing with a south line of said City of
889893 Crosby Town Site, a south line of said called "Tract 1" and "Tract
890894 2", a north line of this tract, along the centerline of said Jackson
891895 Bayou, passing the southerly southeast corner of said called "Tract
892896 1" and "Tract 2", and continuing a total distance of 90.52 feet to a
893897 point.
894898 THENCE continuing with a south line of said City of Crosby Town
895899 Site, a north line of this tract, along the centerline of said
896900 Jackson Bayou the following bearings and distances:
897901 S 31° 33' 28"E 19.00 feet
898902 S 89° 42' 03" E 32.70 feet
899903 S 65° 08' 41" E 86.19 feet
900904 THENCE S 82° 49' 14" E continuing with a south line of said City of
901905 Crosby Town Site, a north line of this tract, along the centerline
902906 of said Jackson Bayou a distance of 54.91 feet to a point at the most
903907 easterly northeast corner of this tract and the northwest corner of
904908 a called 7.6429 acre tract recorded in File No. E429933, Deed
905909 Records of Harris County, Texas.
906910 THENCE S 16° 01' 51" E with the west line of said called 7.6429 acre
907911 tract and the most easterly east line of this tract, at a distance
908912 of 56.24 feet pass a 1/2 inch iron rod with cap marked "SHINE 5502"
909913 set for reference, from which an iron rod with cap marked "PRECISION
910914 SURVEYORS" found at the northeast corner of Lot 1, Block 3, said
911915 City of Crosby Town Site bears N 19° 38' 01" E a distance of 409.41
912916 feet, an iron rod with cap marked "PRECISION SURVEYORS found in the
913917 east line of said Lot 1, Block 3, City of Crosby Town Site bears N
914918 85° 43' 47" E a distance of 471.48 feet, and continuing a total
915919 distance of 781.81 feet to a 1/2 inch iron rod with cap marked
916920 "SHINE 5502" set at the southwest corner of said called 7.6429 acre
917921 tract, in the north right of way of T. & N. 0. Railroad, a variable
918922 width right of way, and at the most easterly southeast corner of
919923 this tract.
920924 THENCE S 46° 52' 02" W with the most easterly east line of this tract
921925 and the west right of way line of said T. & N. 0. Railroad, a
922926 distance of 1,876.95 feet to a 1" iron pipe found in the north line
923927 of a called 102.152 acre tract (Tract 2), recorded in File
924928 No. C683627, Deed Records of Harris County, Texas, and at the
925929 southeast corner of this tract, from which an iron rod found with
926930 cap marked "CENTERPOINT ENERGY" found at the northeast corner of
927931 herein described Tract I bears S 46° 45' 17" W, a distance of 556.58
928932 feet.
929933 THENCE S 87° 53' 52" W with the north line of said called 102.152
930934 acre tract and the south line of this tract a distance of 2,233.36
931935 feet to a 1/4 inch iron rod found at the southeast corner of a called
932936 21.234 acre tract recorded in File No. G553519, Deed Records of
933937 Harris County, Texas, and a southwest corner of this tract from
934938 which a found 1" iron pipe bears S 87° 53' 43" W, a distance of 999.06
935939 feet.
936940 THENCE N 01° 06' 07" W with the east line of said called 21.234 acre
937941 tract and a west line of this tract, passing the southeast corner of
938942 a called 0.116 acre tract recorded in File No. P220412, Deed
939943 Records of Harris County, Texas, a total distance of 308.90 feet to
940944 a 1/2 inch iron rod with cap marked "SHINE 5502" set at the
941945 northeast corner of said called 0.116 acre tract recorded in File
942946 No. P220412, and an interior corner of this tract.
943947 THENCE N 81° 29' 07" W with the north line of said called 0.116 acre
944948 tract recorded in File No. P220412, and a south line of this tract,
945949 at a distance of 100.00 feet pass the northwest corner of said
946950 called 0.116 acre tract and the northeast corner of a called 0.116
947951 acre tract recorded in File No. R256220, Deed Records of Harris
948952 County, Texas, at a distance of 200.00 feet pass the northwest
949953 corner of said called 0.116 acre tract recorded in File No. R256220
950954 and the northeast corner of a called 0.1164 acre tract recorded in
951955 File No. S300312, Deed Records of Harris County, Texas, at a
952956 distance of 300.00 feet pass the northwest corner of said called
953957 0.1164 acre tract recorded in File No. S300312 and the northeast
954958 corner of a called 0.116 acre tract recorded in File No. R304758,
955959 Deed Records of Harris County, Texas, at a distance of 400.00 feet,
956960 pass the northwest corner of said called 0.116 acre tract recorded
957961 in File No. R304758 and the northeast corner of a called 0.116 acre
958962 tract recorded in File No. P254365, Deed Records of Harris County,
959963 Texas, at a distance of 500.00 feet pass the northwest corner of
960964 said called 0.116 acre tract recorded in File No. P254365 and a
961965 northeast corner of said called 21.234 acre tract, continuing along
962966 a north line of said called 21.234 acre tract and a south line of
963967 this tract a total distance of 529.21 feet to a 1/2 inch iron rod set
964968 with cap marked "SHINE 5502".
965969 THENCE N 51° 33' 28" W a distance of 799.95 feet to a 1/2 inch iron
966970 rod with cap marked "SHINE 5502" set at the northwest corner of said
967971 called 21.234 acre tract and at an interior corner of this tract.
968972 THENCE S 25° 27' 04" W with the west line of said called 21.234 acre
969973 tract and an east line of this tract, a distance of 528.15 feet to a
970974 1/2 inch iron rod with cap marked "SHINE 5502" set at the northwest
971975 corner of a called 2.1614 acre tract recorded in File No. K076581,
972976 Deed Records of Harris County, Texas.
973977 THENCE N 65° 59' 23" W with a north line of said called 2.1614 acre
974978 tract and a northerly south line of this tract, a distance of 929.77
975979 feet to a found iron rod with cap marked "RPLS 4615".
976980 THENCE continuing with the north line of said called 2.1614 acre
977981 tract and a northerly south line of this tract with the arc of a
978982 curve to the left having a chord direction of N 85° 42' 42" W, a
979983 radius of 509.50 feet, a distance of 238.49 feet to a found iron rod
980984 with cap marked "RPLS 4615".
981985 THENCE S 74° 30' 20" W continuing with the north line of said called
982986 2.1614 acre tract and a northerly south line of this tract a
983987 distance of 417.76 feet to a 1/2 inch iron rod with cap marked
984988 "SHINE 5502" set at the northwest corner of said called 2.1614 acre
985989 tract and an interior corner of this tract.
986990 THENCE S 15° 29' 23" E with the west line of said called 2.1614 tract
987991 and an east line of this tract a distance of 60.00 feet to an iron
988992 rod with cap marked "RPLS 4615" found at the southwest corner of
989993 said called 2.1614 acre tract.
990994 THENCE N 74° 30' 26" E with the south line of said called 2.1614 acre
991995 tract and a southerly north line of this tract a distance of 418.00
992996 feet to a found iron rod with cap marked "RPLS 4615".
993997 THENCE continuing with the south line of said called 2.1614 acre
994998 tract and a southerly north line of this tract with the arc of a
995999 curve to the right having a chord direction of S 83° 40' 53" E, a
9961000 radius of 595.34 feet, a distance of 196.44 feet to a 1/2 inch iron
9971001 rod set with cap marked "SHINE 5502".
9981002 THENCE S 65° 59' 23" E continuing with the south line of said called
9991003 2.164 acre tract and a southerly north line of this tract a distance
10001004 of 927.30 feet to a 1/2 inch iron rod with cap marked "SHINE 5502"
10011005 set at the southeast corner of said called 2.1614 acre tract in the
10021006 west line of said called 21.234 acre tract.
10031007 THENCE S 25° 16' 50" W with the west line of said called 21.234 acre
10041008 tract and an east line of this tract, a distance of 441.83 feet to an
10051009 iron rod with cap marked "RPLS 4615" found at the southwest corner
10061010 of said called 21.234 acre tract, in the north line of said called
10071011 102.152 acre tract and at a southeast corner of this tract, from
10081012 which a found 1" iron pipe bears N 88° 29' 40" E, a distance of 600.63
10091013 feet.
10101014 THENCE S 88° 21' 40" W with a south line of this tract and the north
10111015 line of said called 102.152 acre tract, at a distance of 7,048.87
10121016 feet, pass a found 3/4" iron rod and continue a total distance of
10131017 7,133.88 feet to a 1/2 inch iron rod with cap marked "SHINE 5502"
10141018 set at the southeast corner of a called 1 acre tract recorded in
10151019 File No. H076771, Deed Records of Harris County, Texas.
10161020 THENCE N 01° 38' 26" W with a west line of this tract and the east
10171021 line of said called 1 acre tract, a distance of 208.71 feet to a 1/2
10181022 inch iron rod with cap marked "SHINE 5502" set at the northeast
10191023 corner of said called 1 acre tract.
10201024 THENCE S 88° 21' 40" W with a south line of this tract and the north
10211025 line of said called 1 acre tract, a distance of 208.71 feet to a 1/2
10221026 inch iron rod with cap marked "SHINE 5502" set at the northwest
10231027 corner of said called 1 acre tract.
10241028 THENCE S 01° 38' 26" E with an east line of this tract and the west
10251029 line of said called 1 acre tract, a distance of 208.71 feet to a 1/2
10261030 inch iron rod with cap marked "SHINE 5502" set at the southwest
10271031 corner of said called 1 acre tract, in the north line of said called
10281032 102.152 acre tract.
10291033 THENCE S 88° 21' 40" W with a south line of this tract and the north
10301034 line of said called 102.152 acre tract, a distance of 2,021.97 feet
10311035 to the line of mean higher high water on the San Jacinto River.
10321036 THENCE meandering the line of mean higher high water along the left
10331037 bank of the San Jacinto River, the following bearings and
10341038 distances:
10351039 N 53° 39' 19" W 446.94 feet
10361040 N 59° 28' 06" W 369.78 feet
10371041 N 32° 15' 28" W 88.34 feet
10381042 N 50° 54' 05" W 129.34 feet
10391043 N 43° 04' 40" W 188.13 feet
10401044 N 45° 19' 17" W 78.88 feet
10411045 N 27° 03' 34" W 250.17 feet
10421046 N 13° 49' 11" W 192.54 feet
10431047 N 13° 56' 26" W 103.14 feet
10441048 N 00° 46' 29" E 503.45 feet
10451049 N 03° 28' 48" E 224.28 feet
10461050 N 03° 58' 09" E 246.51 feet
10471051 N 01° 50' 57" E 180.18 feet
10481052 N 04° 57' 15" E 202.55 feet
10491053 N 07° 14' 24" E 177.80 feet
10501054 N 12° 57' 35" E 166.40 feet
10511055 N 07° 38' 19" E 108.67 feet
10521056 N 08° 55' 16" E 130.31 feet
10531057 N 04° 27' 32" E 158.34 feet
10541058 N 20° 09' 17" E 102.98 feet
10551059 N 15° 38' 50" E 168.56 feet
10561060 N 08° 04' 25" W 320.01 feet
10571061 N 24° 35' 18" W 119.21 feet
10581062 N 25° 33' 04" W 239.12 feet
10591063 THENCE N 32° 33' 43" W continuing along the line of mean higher high
10601064 water on the left bank of the San Jacinto River, a distance of
10611065 117.10 feet to a point at the southwest corner of said called 56.50
10621066 acre tract and a southerly northwest corner of this tract.
10631067 THENCE N 59° 33' 11" E with the south line of said called 56.50 acre
10641068 tract and a north line of this tract, a distance of 834.87 feet to a
10651069 1" iron pipe found at the southeast corner of said called 56.50 acre
10661070 tract and an interior corner of this tract.
10671071 THENCE N 22° 44' 35" E with the southerly east line of said called
10681072 56.50 acre tract and a northerly west line of this tract, a distance
10691073 of 1,342.07 feet to the PLACE OF BEGINNING, containing 991.55
10701074 acres.
10711075 TRACT III
10721076 BEGINNING at a 1" iron pipe found in the south line of the Absalom
10731077 Reeves Survey, Abstract 60, and the north line of said Abstract 838,
10741078 in the west line of a called 167.305 acre tract recorded in File
10751079 No. 2010010605, Deed Records of Harris County, Texas, at the
10761080 southeast corner of a called 60.0765 acre tract recorded in File
10771081 No. U922164, Deed Records of Harris County, Texas, and at the
10781082 northeast corner of this tract. Said 1" iron pipe has a Texas State
10791083 Plane coordinate value of N: 13910927.97 and E: 3206944.66.
10801084 THENCE S 02° 37' 23" E (Called S 02° 37' 21" E) with the west line of
10811085 said called 167.305 acre tract and the east line of this tract, a
10821086 distance of 1,434.17 feet to a 1/2 inch iron rod with cap marked
10831087 "SHINE 5502" set at the southwest corner of said 167.305 acre tract.
10841088 THENCE S 87° 47' 10" E with the south line of said called 167.305
10851089 acre tract and a north line of this tract, a distance of 51.63 feet
10861090 to a 1/2 inch iron rod with cap marked "SHINE 5502" set in the north
10871091 right of way of Diamondhead Boulevard North, (100 feet wide
10881092 R.O.W.), at the northwest corner of Newport Subdivision, Section
10891093 10, a subdivision recorded in Volume 220, Page 76, Map Records of
10901094 Harris County, Texas.
10911095 THENCE S 02° 12' 50" W with a west line of said Section 10 and an east
10921096 line of this tract, a distance of 100.00 feet to a 1/2 inch iron rod
10931097 with cap marked "SHINE 5502" set in the south right of way line of
10941098 said Diamondhead Boulevard North, at a northerly southwest corner
10951099 of said Section 10.
10961100 THENCE S 87° 47' 10" E with the south right of way line of said
10971101 Diamondhead Boulevard North, a northerly south line of said Section
10981102 10, and a north line of this tract, a distance of 37.06 feet to a 1/2
10991103 inch iron rod with cap marked "SHINE 5502" set at the intersection
11001104 of the south right of way line of said Diamondhead Boulevard North,
11011105 and the west right of way line of Golf Club Drive (100 feet wide
11021106 R.O.W.) in a west line of said Section 10.
11031107 THENCE S 42° 47' 10" E with the west right of way of said Golf Club
11041108 Drive, the west line of said Section 10 and the east line of this
11051109 tract, a distance of 14.14 feet to a 1/2 inch iron rod with cap set
11061110 marked "SHINE 5502".
11071111 THENCE S 01° 07' 10" E continuing with the west right of way of said
11081112 Golf Club Drive, the west line of said Section 10 and the east line
11091113 of this tract, a distance of 183.64 feet to a 1/2 inch iron rod with
11101114 cap set marked "SHINE 5502".
11111115 THENCE continuing with the west right of way of said Golf Club
11121116 Drive, the west line of said Section 10 and the east line of this
11131117 tract, with the arc of a curve to the right having a radius of
11141118 1,950.00 feet and a central angle of 20° 00' 00", a distance of
11151119 680.68 feet to a 1/2 inch iron rod with cap set marked "SHINE 5502".
11161120 THENCE S 22° 12' 50" W continuing with the west right of way of said
11171121 Golf Club Drive, the west line of said Section 10 and the east line
11181122 of this tract, a distance of 660.85 feet to a 1/2 inch iron rod with
11191123 cap set marked "SHINE 5502".
11201124 THENCE continuing with the west right of way of said Golf Club
11211125 Drive, the west line of said Section 10 and the east line of this
11221126 tract, with the arc of a curve to the left having a radius of
11231127 3,050.00 feet and a central angle of 45° 06' 00", a distance of
11241128 2,400.79 feet to a 1/2 inch iron rod with cap set marked "SHINE
11251129 5502".
11261130 THENCE S 22° 57' 10" E continuing with the west right of way of said
11271131 Golf Club Drive, the west line of said Section 10 and the east line
11281132 of this tract, a distance of 714.81 feet to a 1/2 inch iron rod with
11291133 cap marked "SHINE 5502" set at the northeast corner of a called
11301134 3.3685 acre tract recorded in File No. N409807, Deed Records of
11311135 Harris County, Texas, and the most easterly southeast corner of
11321136 this tract.
11331137 THENCE S 74° 57' 26" W with the north line of said called 3.3685 acre
11341138 tract and a south line of this tract, a distance of 170.16 feet to a
11351139 1/2 inch iron rod with cap set marked "SHINE 5502".
11361140 THENCE S 38° 21' 36" W continuing with the north line of said called
11371141 3.3685 acre tract and a south line of this tract, a distance of
11381142 375.28 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set
11391143 at the southerly northeast corner of a called 53.17 acre tract
11401144 recorded in File No. U652009, Deed Records of Harris County, Texas,
11411145 and a southeast corner of this tract, from which a 1/2 inch iron rod
11421146 found at the southeast corner of said called 53.17 acre tract and
11431147 the southwest corner of said called 3.3685 acre tract bears S 38° 21'
11441148 38" W, a distance of 10.86 feet.
11451149 THENCE N 75° 29' 31" W with a southerly north line of said called
11461150 53.17 acre tract and a south line of this tract, a distance of
11471151 577.95 feet to an iron rod with cap marked "TERRA SURVEYING" found
11481152 at a southerly northeast corner of said called 53.17 acre tract, and
11491153 an interior corner of this tract.
11501154 THENCE N 05° 37' 30" E with the east line of said called 53.17 acre
11511155 tract and a west line of this tract, a distance of 480.74 feet to an
11521156 iron rod found with cap marked "TERRA SURVEYING".
11531157 THENCE N 08° 08' 01" E continuing with the east line of said called
11541158 53.17 acre tract and a west line of this tract, a distance of 825.65
11551159 feet to an iron rod found with cap marked "TERRA SURVEYING".
11561160 THENCE continuing with the east line of said called 53.17 acre tract
11571161 and a west line of this tract, with the arc of a curve to the left
11581162 having a radius of 250.61 feet and a central angle of 98° 17' 48", a
11591163 distance of 429.95 feet to an iron rod with cap marked "TERRA
11601164 SURVEYING" found at the northeast corner of said called 53.17 acre
11611165 tract.
11621166 THENCE N 89° 04' 41" W with the north line of said called 53.17 acre
11631167 tract and a south line of this tract, a distance of 407.72 feet to an
11641168 iron rod found with cap marked "TERRA SURVEYING".
11651169 THENCE S 74° 12' 35" W continuing with the north line of said called
11661170 53.17 acre tract and a south line of this tract, a distance of
11671171 412.92 feet to an iron rod found with cap marked "TERRA SURVEYING".
11681172 THENCE S 71° 17' 47" W continuing with the north line of said called
11691173 53.17 acre tract and a south line of this tract, a distance of
11701174 313.23 feet to an iron rod found with cap marked "TERRA SURVEYING".
11711175 THENCE S 64° 30' 39" W continuing with the north line of said called
11721176 53.17 acre tract and a south line of this tract, a distance of
11731177 250.16 feet to an iron rod with cap marked "TERRA SURVEYING" found
11741178 at the northwest corner of said called 53.17 acre tract and an
11751179 interior corner of this tract.
11761180 THENCE S 30° 45' 58" W with the west line of said called 53.17 acre
11771181 tract and an east line of this tract, a distance of 938.35 feet to an
11781182 iron rod found with cap marked "TERRA SURVEYING" from which a 1 1/4
11791183 inch iron pipe found in the south line of said called 53.17 acre
11801184 tract and the north line of The San Jacinto River Authority East
11811185 Canal tract, recorded in Volume 1294, Page 256, Deed Records of
11821186 Harris County, Texas bears S 76° 55' 49" E a distance of 700.71 feet.
11831187 THENCE S 38° 36' 07" E continuing with the west line of said called
11841188 53.17 acre tract and an east line of this tract, a distance of
11851189 330.48 feet to an iron rod found with cap marked "TERRA SURVEYING".
11861190 THENCE S 50° 28' 00" W continuing with the west line of said called
11871191 53.17 acre tract and an east line of this tract, a distance of
11881192 392.70 feet to an iron rod found with cap marked "TERRA SURVEYING".
11891193 THENCE S 34° 53' 53" E continuing with the west line of said called
11901194 53.17 acre tract and an east line of this tract, a distance of 54.47
11911195 feet to an iron rod with cap marked "TERRA SURVEYING" found at the
11921196 southwest corner of said called 53.17 acre tract, in a north line of
11931197 Horizon Drive, a dedicated public road in Newport Subdivision,
11941198 Section 4, a subdivision recorded in Volume 198, Page 53, Map
11951199 Records of Harris County, Texas, and at a southeast corner of this
11961200 tract, from which a 1 1/4 inch iron pipe found in the south line of
11971201 said called 53.17 acre tract and the north line of said East Canal
11981202 tract bears N 51° 21' 56" E a distance of 512.15'.
11991203 THENCE S 51° 21' 08" W along a north line of said Section 4, a north
12001204 line of said San Jacinto River Authority East Canal Tract, and a
12011205 south line of this tract, at a distance of 51.71 feet pass a
12021206 northwest corner of said Horizon Drive and Section 4 and continuing
12031207 a total distance of 605.52 feet to a 1" iron pipe found.
12041208 THENCE continuing along a north line of said San Jacinto River
12051209 Authority East Canal and a south line of this tract, with the arc of
12061210 a curve to the left having a radius of 415.36 feet and a central
12071211 angle of 17° 54' 23", a distance of 129.81 feet to a 1 1/2 inch iron
12081212 pipe found.
12091213 THENCE S 32° 37' 00 W continuing along a north line of said San
12101214 Jacinto River Authority East Canal and a south line of this tract a
12111215 distance of 1,291.52 feet to a 1 1/4 inch iron pipe found.
12121216 THENCE continuing along a north line of said San Jacinto River
12131217 Authority East Canal and a south line of this tract, with the arc of
12141218 a curve to the right having a radius of 174.95 feet and a central
12151219 angle of 39° 20' 42", a distance of 174.95 feet to a 1 inch iron pipe
12161220 found.
12171221 THENCE S 72° 28' 08" W continuing along a north line of said San
12181222 Jacinto River Authority East Canal and a south line of this tract, a
12191223 distance of 2,448.06 feet to a 1 1/4 inch iron pipe found.
12201224 THENCE continuing along a north line of said San Jacinto River
12211225 Authority East Canal and a south line of this tract, with the arc of
12221226 a curve to the left having a radius of 333.37 feet and a central
12231227 angle of 04° 24' 34", a distance of 25.66 feet to a 1 1/4 inch iron
12241228 pipe found.
12251229 THENCE S 68° 53' 17" W continuing along a north line of said San
12261230 Jacinto River Authority East Canal and a south line of this tract, a
12271231 distance of 1,832.09 feet to a 1 1/4 inch iron pipe found.
12281232 THENCE continuing along a north line of said San Jacinto River
12291233 Authority East Canal and a south line of this tract, with the arc of
12301234 a curve to the right having a radius of 144.47 feet and a central
12311235 angle of 53° 20' 45", a distance of 134.51 feet to a 1 1/4" iron pipe
12321236 found.
12331237 THENCE N 57° 13' 44" W continuing along a north line of said San
12341238 Jacinto River Authority East Canal and a south line of this tract, a
12351239 distance of 1,587.58 feet to a 1/2 inch iron rod set with cap marked
12361240 "SHINE 5502".
12371241 THENCE continuing along a north line of said San Jacinto River
12381242 Authority East Canal and a south line of this tract, with the arc of
12391243 a curve to the left having a radius of 402.67 feet and a central
12401244 angle of 30° 10' 09", a distance of 212.03 feet to a 1/2 inch iron rod
12411245 set with cap marked "SHINE 5502".
12421246 THENCE N 87° 29' 31" W continuing along a north line of said San
12431247 Jacinto River Authority East Canal and a south line of this tract, a
12441248 distance of 224.45 feet to a 1/2 inch iron rod found at an interior
12451249 corner of said San Jacinto River Authority East Canal and an
12461250 interior corner of this tract.
12471251 THENCE along an east line of said San Jacinto River Authority East
12481252 Canal and a west line of this tract, with the arc of a curve to the
12491253 right having a radius of 133.99 feet and a central angle of 63° 17'
12501254 53", a distance of 148.03 feet to a 1/2 inch iron rod found in the
12511255 north line of said Humphrey Jackson Survey, Abstract 37 and the
12521256 south line of said William Wilson Survey, Abstract 838.
12531257 THENCE N 24° 23' 35" W along an east line of said San Jacinto River
12541258 Authority East Canal and a west line of this tract, a distance of
12551259 375.95 feet to a 1" iron pipe found.
12561260 THENCE continuing along an east line of said San Jacinto River
12571261 Authority East Canal and a west line of this tract, with the arc of a
12581262 curve to the right having a radius of 174.87 feet and a central
12591263 angle of 37° 53' 54", a distance of 115.67 feet to a 1 1/4" iron pipe
12601264 found.
12611265 THENCE N 14° 24' 42" E continuing along an east line of said San
12621266 Jacinto River Authority East Canal and a west line of this tract, a
12631267 distance of 74.82 feet to a 1 1/4" iron pipe found.
12641268 THENCE continuing along an east line of said San Jacinto River
12651269 Authority East Canal and a west line of this tract, with the arc of a
12661270 curve to the right having a radius of 661.43 feet and a central
12671271 angle of 07° 01' 58", a distance of 81.19 feet to a 1 1/4" iron pipe
12681272 found.
12691273 THENCE N 12°17' 19" E continuing along the east line of said San
12701274 Jacinto River Authority East Canal and a west line of this tract, a
12711275 distance of 436.82 feet to a 5/8" iron rod found at a northeast
12721276 corner of said San Jacinto River Authority East Canal, in the south
12731277 line of a called 39.88 acre tract recorded in File No. T525349, Deed
12741278 Records of Harris County, Texas and at an interior corner of this
12751279 tract, from which a 1 1/4" iron pipe found in a north line of said
12761280 San Jacinto River Authority East Canal tract and the south line of
12771281 said called 39.88 acre tract bears N 77° 36' 49" W, a distance of
12781282 621.39 feet.
12791283 THENCE S 77° 42' 29" E with the south line of said called 39.88 acre
12801284 tract and a north line of this tract, a distance of 294.05 feet to a
12811285 5/8" iron rod found at the southeast corner of said called 39.88
12821286 acre tract.
12831287 THENCE N 09° 46' 40" E with the east line of said called 39.88 acre
12841288 tract and a west line of this tract, a distance of 950.00 feet to a
12851289 1/2" iron rod found.
12861290 THENCE N 10° 53' 20" W continuing with the east line of said called
12871291 39.88 acre tract, and the west line of this tract, a distance of
12881292 394.97 feet to a 1/2" iron rod found at the northeast corner of said
12891293 called 39.88 acre tract.
12901294 THENCE N 80° 21' 03" W with the north line of said called 39.88 acre
12911295 tract and a south line of this tract, a distance of 1,359.57 feet to
12921296 a point in an east line of called 589.27 acre tract (Lake Houston)
12931297 recorded in Volume 1458, Page 1, and a west line of this tract.
12941298 Volume 1458, Page 1 describes this point as being the waterline of
12951299 the proposed reservoir when at normal pool level at elevation 44.5
12961300 feet above mean sea level.
12971301 THENCE with the west line of this tract and an east line of said
12981302 called 589.27 acre tract (Lake Houston), the following bearings and
12991303 distances:
13001304 N 30° 53' 29" E 376.74 feet
13011305 N 21° 32' 39" E 300.00 feet
13021306 N 06° 45' 39" E 864.00 feet
13031307 N 19° 56' 19" W 882.88 feet
13041308 N 07° 44' 21" W 184.00 feet
13051309 THENCE N 52° 28' 21" W continuing with the west line of this tract
13061310 and the east line of said called 589.27 acre tract (Lake Houston), a
13071311 distance of 508.00 feet to a point from which a 12"x12" concrete
13081312 monument found with Aluminum Disc marked "Corp of Engineers U.S.
13091313 Boundary Mark SL-1 Y1977" bears N 25° 14' 05" W a distance of 59.32
13101314 feet. Said concrete monument has a State Plane coordinate value of
13111315 N: 13907978.68 and E: 3195354.41
13121316 THENCE continuing with the west line of this tract and an east line
13131317 of said called 589.27 acre tract (Lake Houston), the following
13141318 bearings and distances:
13151319 N 65° 40' 21" W 422.00 feet
13161320 N 80° 22' 21" W 300.00 feet
13171321 N 62° 47' 53" W 641.05 feet
13181322 N 60° 37' 21" W 600.00 feet
13191323 N 88° 15' 21" W 540.00 feet
13201324 S 84 ° 47' 39" W 568.00 feet
13211325 S 69° 42' 54" W 633.02 feet
13221326 S 83° 28' 39" W 332.00 feet
13231327 N 77° 42' 21" W 270.00 feet
13241328 N 13° 14' 21" W 739.00 feet
13251329 N 28° 22' 21" W 402.00 feet
13261330 THENCE N 21° 29' 39" E continuing with the west line of this tract
13271331 and an east line of said called 589.27 acre tract (Lake Houston), a
13281332 distance of 394.76 feet to a point in the south line of Lake Shadows
13291333 Section Four, a subdivision recorded in File No. D620201, Map
13301334 Records of Harris County, Texas, and at the northwest corner of this
13311335 tract.
13321336 THENCE N 86° 32' 15" E with the south line of said Lake Shadows
13331337 Section Four and the north line of this tract, at a distance of
13341338 204.97 feet pass a 1/2" iron rod found, and continuing a total
13351339 distance of 689.12 feet to a point in a concrete slab at the
13361340 southeast corner of said Lake Shadows Section Four, the southwest
13371341 corner of a called 447.0498 acre tract recorded in File
13381342 No. D759681, Deed Records of Harris County, Texas, and an interior
13391343 corner of this tract from which a 1/2 " iron rod with cap marked
13401344 "SHINE 5502" set for reference bears S 04° 44' 22" W a distance of
13411345 1.88 feet, a 1" iron pipe found bears N 79° 27' 48" E a distance of
13421346 101.22 feet, and a 1/2" iron rod found in the east line of said Lake
13431347 Shadows Section Four bears N 33° 33' 38" E a distance of 254.84 feet.
13441348 THENCE N 86° 43' 31" E with the south line of said called 447.0498
13451349 acre tract and a north line of this tract, a distance of 10,942.13
13461350 feet to a 1/2 inch iron rod next to a 4"x6" fence post found at the
13471351 southeast corner of said called 447.0498 acre tract and an interior
13481352 corner of this tract.
13491353 THENCE N 02° 07' 50" W with the east line of said called 447.0498
13501354 acre tract and a northerly west line of this tract a distance of
13511355 26.79 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set at
13521356 the southwest corner of a called 0.1148 acre tract recorded in File
13531357 No. T653706, Deed Records of Harris County, Texas and a northwest
13541358 corner of this tract.
13551359 THENCE N 87° 22' 21" E with the south line of said called 0.1148 acre
13561360 tract and a north line of this tract, at a distance of 50.02 feet
13571361 pass the southeast corner of said called 0.1148 acre tract recorded
13581362 in File No. T653706 and the southwest corner of a called 0.1148 acre
13591363 tract recorded in File No. T702499, Deed Records of Harris County,
13601364 Texas, at a distance of 100.02 feet, pass the southeast corner of
13611365 said called 0.1148 acre tract recorded in File No. T702499 and the
13621366 southwest corner of a called 0.1148 acre tract recorded in File
13631367 No. T643967, at a distance of 150.02 feet pass the southeast corner
13641368 of said called 0.1148 acre tract recorded in File No. T643967 and
13651369 the southwest corner of a called 0.1148 acre tract recorded in File
13661370 No. T491404, Deed Records of Harris County, Texas, at a distance of
13671371 200.02 feet pass the southeast corner of said called 0.1148 acre
13681372 tract recorded in File No. T491404 and the southwest corner of a
13691373 called 0.1148 acre tract recorded in File No. T526225, Deed Records
13701374 of Harris County, Texas, and continuing a total distance of 250.02
13711375 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set at the
13721376 southeast corner of said called 0.1148 acre tract recorded in File
13731377 No. T526225 and an interior corner of this tract.
13741378 THENCE N 02° 37' 39" W with the east line of said called 0.1148 acre
13751379 tract recorded in File No. T526225 and a west line of this tract, a
13761380 distance of 100.00 feet to a 1/2 inch iron rod with cap marked
13771381 "SHINE 5502" set at the northeast corner of said called 0.1148 acre
13781382 tract recorded in File No. T526225, in the south line of a called
13791383 5.00 acre tract recorded in File No. T684273, Deed Records of
13801384 Harris County, Texas, in the South line of the Hannah Nash Survey,
13811385 Abstract 599, in the north line of said Abstract 838, and at a
13821386 northwest corner of this tract.
13831387 THENCE N 87° 02' 53" E with the south line of said Abstract 599, the
13841388 north line of said Abstract 838, the south line of said called 5.00
13851389 acre tract and the north line of this tract a distance of 316.67
13861390 feet to a 1/2 inch iron rod found at the southeast corner of said
13871391 Abstract 599, the southwest corner of said Abstract 60, the
13881392 southeast corner of said called 5.00 acre tract and the southwest
13891393 corner of a called 45 acre tract recorded in File No. 20080119197,
13901394 Deed Records of Harris County, Texas.
13911395 THENCE N 87° 24' 37" E with the south line of said called 45 acre
13921396 tract, the south line of said Abstract 60, the north line of said
13931397 Abstract 838 and the north line of this tract, a distance of 986.97
13941398 feet to a 1/2 inch iron rod found at the southeast corner of said
13951399 called 45 acre tract, the southwest corner of a called 8.39 acre
13961400 tract recorded in File No. 20070675831, Deed Records of Harris
13971401 County, Texas, and a northerly corner of this tract.
13981402 THENCE N 87° 48' 26" E with the south line of said 8.339 acre tract,
13991403 the south line of said Abstract 60, the north line of said Abstract
14001404 838 and the north line of this tract, at a distance of 150.00 feet
14011405 pass the southeast corner of said called 8.39 acre tract and the
14021406 southwest corner of a called 11.675 acre tract recorded in File
14031407 No. 20070675831, Deed Records of Harris County, Texas, and
14041408 continuing a total distance of 359.69 feet to a 1/2 inch iron rod
14051409 found at the southeast corner of said called 11.675 acre tract and
14061410 the southwest corner of a called 155.76 acre tract recorded in
14071411 Volume 438, Page 236, Deed Records of Harris County, Texas.
14081412 THENCE N 87° 20' 09" E with the south line of said Abstract 60, the
14091413 north line of said Abstract 838, the south line of said called
14101414 155.76 acre tract and the north line of this tract, a distance of
14111415 682.33 feet to a 1/2 inch iron rod found next to a 8"x8" square fence
14121416 post at the southeast corner of said called 155.76 acre tract and
14131417 the southwest corner of a called 29.15 acre tract recorded in File
14141418 No. R106573, Deed Records of Harris County, Texas.
14151419 THENCE N 87° 24' 00" E with the south line of said Abstract 60, the
14161420 north line of said Abstract 838, the south line of said called 29.15
14171421 acre tract and the north line of this tract, and at a distance of
14181422 525.51 feet pass the southeast corner of said called 29.15 acre
14191423 tract and the southwest corner of said called 60.0765 acre tract,
14201424 and continuing with the south line of said Abstract 60, the north
14211425 line of said Abstract 838, the south line of said called 60.0765
14221426 acre tract and the north line of this tract, a total distance of
14231427 1648.87 feet to the PLACE OF BEGINNING, containing 1,942.08 acres
14241428 of land.
14251429 SECTION 3. (a) The legal notice of the intention to
14261430 introduce this Act, setting forth the general substance of this
14271431 Act, has been published as provided by law, and the notice and a
14281432 copy of this Act have been furnished to all persons, agencies,
14291433 officials, or entities to which they are required to be furnished
14301434 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
14311435 Government Code.
14321436 (b) The governor, one of the required recipients, has
14331437 submitted the notice and Act to the Texas Commission on
14341438 Environmental Quality.
14351439 (c) The Texas Commission on Environmental Quality has filed
14361440 its recommendations relating to this Act with the governor,
14371441 lieutenant governor, and speaker of the house of representatives
14381442 within the required time.
14391443 (d) The general law relating to consent by political
14401444 subdivisions to the creation of districts with conservation,
14411445 reclamation, and road powers and the inclusion of land in those
14421446 districts has been complied with.
14431447 (e) All requirements of the constitution and laws of this
14441448 state and the rules and procedures of the legislature with respect
14451449 to the notice, introduction, and passage of this Act have been
14461450 fulfilled and accomplished.
14471451 SECTION 4. This Act takes effect immediately if it receives
14481452 a vote of two-thirds of all the members elected to each house, as
14491453 provided by Section 39, Article III, Texas Constitution. If this
14501454 Act does not receive the vote necessary for immediate effect, this
14511455 Act takes effect September 1, 2017.
1452- ______________________________ ______________________________
1453- President of the Senate Speaker of the House
1454- I hereby certify that S.B. No. 2276 passed the Senate on
1455- May 19, 2017, by the following vote: Yeas 30, Nays 1; and that the
1456- Senate concurred in House amendment on May 28, 2017, by the
1457- following vote: Yeas 28, Nays 2.
1458- ______________________________
1459- Secretary of the Senate
1460- I hereby certify that S.B. No. 2276 passed the House, with
1461- amendment, on May 24, 2017, by the following vote: Yeas 138,
1462- Nays 8, two present not voting.
1463- ______________________________
1464- Chief Clerk of the House
1465- Approved:
1466- ______________________________
1467- Date
1468- ______________________________
1469- Governor
14701456
14711457 Pos. No. Name of Director:
14721458
14731459 1 ____________________
14741460
14751461 2 ____________________
14761462
14771463 3 ____________________
14781464
14791465 4 ____________________
14801466
14811467 5 ____________________